1.1 These terms and conditions (Terms) are issued by web info edge consultancy services (the company). They apply to the entire contents of the websites under the domain name www.thecakeryshop.in (the Website) whether you act as a private individual and consumer ("Consumer") or as a business ("Business") (referred to as "You" other than where specifically indicated) and the Company.
1.2 By accessing any part of the Website, You shall be deemed to have accepted these Terms in full. If You do not accept these Terms in full, You must leave the Website immediately.
1.3 The Company may revise these Terms at any time by updating this posting. You should check the Website from time to time to review the current Terms, because they are binding on You.
1.4 You warrant that You possess the legal authority to enter into any agreement and to use this Website in accordance with its Terms.
1.5 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond the Company’s control.
1.6 The Company reserves the right to modify or withdraw, temporarily or permanently the Website (or any part of it) with or without notice and shall not be liable to You or any third party for any modification or withdrawal of the Website.
USE AND CUSTOMER ACCOUNT
2.1 You warrant that any information that You provide when You register as a customer is accurate and complete in all respects and You will notify the Company of any changes to that information.
2.2 You are responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer to prevent unauthorised access following registration.
2.3 You agree not to impersonate any other person or business, organisation or body corporate or to use a false name that You are not authorised to use.
2.4 We may disable any account where we think you have failed to comply with the Terms or we think unauthorised use has been made of the Website.
2.5 As a condition of Your use of this Website, You warrant to the Company that You will not use this Website for any purpose that is unlawful or prohibited by these Terms.
USE OF MATERIAL APPEARING ON THE WEBSITE AND INTELLECTUAL PROPERTY POLICY
3.1 The Website, its design, layout, look, appearance and graphics and any necessary software used in connection with the Website is the exclusive property of the Company.
3.2 Any content contained in sponsor advertisements or any information presented to You through the Website is protected by copyright, trademarks, service marks, patents or other proprietary rights.
3.3 Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website are owned by or licensed to the Company. This includes all text, graphics, images, photographs, video and sound material.
3.4 It is a breach of copyright to use photographic images found on any part of the Website without gaining the Company’s prior permission. If You would like to use an image found on the Website, please contact the Company for further details.
3.5 The words 'thecakeryshop.in' and logo are registered trademarks of the Company.
3.6 You agree not to modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any information, software, products, or services obtained from the Website.
3.7 If You breach any of these Terms Your permission to use the Website and any extracts of material from it terminates and You must immediately destroy any downloaded or printed extracts from the Website.
VISITOR MATERIAL AND CONDUCT
4.2 You are prohibited from posting or transmitting to the Website any material:
4.2.1 that is threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial and/or religious hatred, discriminatory, blasphemous, in breach of confidence, in breach of privacy or which otherwise may cause annoyance or inconvenience; or
4.2.2 for which You have not obtained all necessary licences and/or approvals; or
4.2.3 which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law or infringe the rights of any third party, in the INDIA or abroad; or
4.2.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3 You may not misuse the Website (including, without limitation, by hacking).
4.4 The Company will fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity and/or location of anyone posting any material in breach of Clauses 4.2 or 4.3 above.
thecakeryshop.in has taken every care for the accuracy of the information provided in the site. It has exercised due diligence in providing the latest products/information. However, thecakeryshop.in or its employees or its affiliates are not responsible for the loss or damage caused to any of the users due to the information inadvertently provided in the site.
LINKS TO THIRD PARTY WEBSITES
5.1 This Website may contain hyperlinks to websites operated by parties other than the Company. The Company does not control such websites and is not responsible for their contents, availability or Your use of them. The Company's inclusion of hyperlinks to such websites does not imply any endorsement of the material on such Websites or any association with their operators.
5.2 Any links to third party websites on this Website are provided solely for Your convenience. If You use these links, You shall leave this Website. If You decide to access any of the third party websites linked to the Website, You do so entirely at Your own risk.
LINKS TO THE WEBSITE
6.1 If You would like to link to the Website, You may only do so on the basis that You link to, but do not replicate, the home page of the Website, and subject to the following conditions:
6.1.1 You do not remove, distort, otherwise alter the size or appearance of the Company logo;
6.1.2 You do not create a frame or any other browser or border environment around the Website;
6.1.3 You do not in any way imply that the Company is endorsing anything other than its own operations;
6.1.4 You do not misrepresent Your relationship with the Company nor present any other false information about the Company;
6.1.5 You do not otherwise use the Company trademarks, name and logo without express written permission from the Company;
6.1.6 You do not link from a website that is not owned by You;
6.1.7 Your website does not contain content that is distasteful, offensive or controversial, or which infringes any intellectual property rights or other rights of any person or which otherwise does not comply with all applicable laws and regulations.
6.2 The Company expressly reserves the right to revoke the permission granted in Clause 6.1 if You breach the terms set out therein, and to take any action in respect of such breach as it deems appropriate.
6.3 You agree to compensate the Company for any loss or damage suffered by the Company as a result of Your breach of the terms of Clause 6.1.
INFORMATION MANAGEMENT AND SECURITY
7.2 When the Company asks You to submit financial information, such as Your credit or debit card number the Company uses industry standard technology for secure commercial transactions. This encrypts data, including Your credit or debit card number. The Company will not be liable for any unauthorised transactions made using Your personal or financial details, unless we are negligent. Most banks or credit card providers either cover all charges resulting from such unauthorised use or limit Your liability to a maximum amount. Refer to Your credit or debit card agreement to check Your coverage liability.
7.3 Your dealings with any third parties via the Website and any terms or conditions agreed with, or representations given by, them, are solely between You and such third parties. The third party will be responsible for protection and security of Your personal data or financial details which they collect. You agree that the Company is not liable for such dealings.
DISCLAIMER OF LIABILITY
8.1 By entering the Website You agree that under no circumstance will the Company or its agents, officers or employees be held liable or responsible for: any content contained on or omitted from the Website; any person’s reliance on any such content, whether or not the content is complete, current or correct; any viruses or defects that may be found to exist on the Website.
8.2 All information found on the Website is intended for guidance only. The Company will not be liable or responsible for any damage or loss caused as a result of Your doing, or not doing, anything as a result of reading, viewing or listening to any material, or any part of it, on the Website.
8.3 The Company is not liable or responsible for any inaccuracies, errors (including typographical errors) or omissions, or for the results obtained from the use of the Website or its content. All content and any of the services included in, advertised on, or available through the Website are provided “as is” and “as available”, with absolutely no guarantee of completeness, accuracy (either when posted or with the passage of time), timeliness or of the results obtained there from, and excluding, to the maximum extent permitted by law, all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these Terms might have effect in relation to the Website.
8.4 The views expressed on the Website do not necessarily reflect the views of the Company. All content, and any advice received via the Website, are not intended, and should not be relied upon, for any personal, professional, legal, or religious decisions You may wish to make. Instead You should consult an appropriate professional in order to obtain specific advice tailored to Your situation.
8.5 Although the Company takes all reasonable steps to ensure that the Website is safe for users it is possible that material on the Website may be susceptible to data corruption, interception and unauthorised amendment for which the Company does not accept liability or responsibility. The Company does not accept liability or responsibility for the presence of any computer viruses contained in any material on the Website, whether it is read, viewed, listened to, copied, downloaded, printed or accessed in any other way. The Company does not accept liability or responsibility for any losses caused as a result of any computer viruses contained in any material on the Website.
8.6 Advertisements (including banner adverts and pop-ups) featured on the Website do not imply endorsement of the services or products advertised. The Company will not be liable or responsible for services or products advertised nor will the Company be liable or responsible for any damage to Your computer equipment, software, data or other property as the result of Your viewing, or responding to, advertisements (including banner adverts and pop-ups) featured on the Website.
8.7 The Company does not guarantee that the Website will be compatible with all hardware and software that may be used by You. The Company will not be held liable or responsible for any damage to Your computer equipment, software, data or other property as the result of Your access to, use of, or browsing of any material on the Website.
8.8 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, You shall be responsible for all costs thereof.
9.1 Our liability to you for death or personal injury caused by our negligence is not limited.
9.2 We will not be responsible for any other loss you suffer through our failure to comply with the terms of this contract. In particular we will not have any liability for any loss that was not a reasonably foreseeable consequence of our failure to comply with the contract such as any loss of profit, opportunity or liability to any third party or in connection with the use, inability to use or the results of use of this Website, breaches of security, interruptions or delays, or errors, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing this Website, or Your downloading of any material from this Website or any websites linked to this Website.
10.1 These Terms shall be governed by and construed in accordance with Indian law, and disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the Indian courts.